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STATE v. GAILEY

CC 44751; CA A36510; SC S32500.

725 P.2d 328 (1986)

301 Or. 563

STATE of Oregon, Respondent on review, v. Mark Edward GAILEY, Petitioner on review.

Supreme Court of Oregon.

Decided August 26, 1986.

Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petition was Gary D. Babcock, Public Defender, Salem.

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

JONES, Justice.

Defendant was convicted by a jury of first degree burglary. Defendant appealed, contending that the trial court erred in admitting testimony regarding defendant's alleged participation in a prior burglary. The Court of Appeals affirmed without opinion, 77 Or.App. 197, 712 P.2d 185, and defendant petitions this court for review. We reverse the Court of Appeals.

FACTS

On the morning of March 21, 1985, Mary Ellen Burke drove to her house...

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